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Position Paper
Position Paper
Position Paper
Complainant,
ADVERTISEMENT
Respondent.
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POSITION PAPER
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THE PARTIES
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Attached hereto is a copy of said graphic design as Annex “A”
respondent and has been under their employment for the past 10
Buajuan, who was tasked with the inspection and approval of such
designs.
Annex “B”.
supplied the hardware and software and it was agreed upon that
was held on March 27 on how to use the provided facilities. This was
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The result of such action was a violation of the contract
International.
ISSUES
DISCUSSIONS
DOCTRINE
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In determining the existence of an employer-employee
following elements: (1) the power to hire; (2) the payment of wages;
(3) the power to dismiss; and (4) the power to control, the last being
To satisfy the first test is the fact that Bauzon was a probationary
compensated with P500 pesos only given his said status as shown in
their contract hereby attach as annex “D”. The second test; when
choosing his work hours, provided that he shall come to work every
the company and it gradually increased over time. Third test; Bauzon
had to comply with the rules and policies of the company and a
work on certain projects and he shall follow any order given by his
OBSERVED.
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The above grounds being interrelated are hereby discussed jointly
in the following.
case. As such, his dismissal is illegal not only because he did not
commit any act to justify his dismissal nor any showing that his
performance was not able to meet what was expected of him based
on a set of rules given him before he started his work with the
respondents.
there is a just or authorized cause and only after notice and hearing.
duties;
representative;
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(d) Commission of a crime or offense by the employee
and Papa (G.R. No. 194884, October 22, 2014), Supreme Court
misconduct as:
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“Further, and equally important and required,
instead of using the program that the client provided would not
constraint and with the nearing of the deadline he had to use his
project on time.
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all the possible remedy to benefit both the company and the client.
It was technically impossible for him to finish the project with the
that of the software the client requested. If the client had provided
the new software, the employee would have doubtless finished the
project.
of misconduct.
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2.2 Neglect of Duty
circumstances.
never been accused of being tardy. The fact that he had submitted
duty to the company. He has always been on time for duty and
under Article 297 of the Labor Code entails the concurrence of two
(2) conditions.
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First, the employee whose services are to be terminated
emphasized, however, that the nature and scope of work and not
presence of some basis for the loss of trust and confidence. This
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In Dimabayao v. National Labor Relations Commission, 17 this
reinstatement.”
had not done any criminal offense against his employer or any
The due process principle requires compliance with these two aspects
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(Maneja vs. NLRC and Manila Midtown Hotel, G.R. No. 123013, June 5,
1998).
Every man has a natural right to the fruits of his own industry. A
man who has been employed to undertake certain labor and has put
Indutries, Inc. vs. NLRC, G.R. No. 83108, August 29, 1989; Villegas vs.
Hu Chong Tsai Pao Ho, G.R. No. L-29646, November 10, 1978).
The Supreme Court even had the occasion to say in the case of
Blooming Mills Co., Inc., G.R. No. L-31195, June 5, 1973 that human
side;
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(b) A hearing or conference during which the employee
termination.
In the case of New Puerto Commercial et al. vs. Lopez et al., G.R.
No. 1699999, July 26, 2010, the Supreme Court discussed due process
afterthought.
employer must furnish the employee with two written notices before
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the termination of employment can be effected: (1) the first apprises
dismissal is sought; and (2) the second informs the employee of the
G.R. No. 152048, April 7, 2009, the Supreme Court held that a hearing
to support his side of the case and that the evidence should be taken
into account in the adjudication of the controversy. The Court set the
the IRR.
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Complainant claims that his dismissal was illegal because his
fairness.
employment;
completion
Clearly, the case of herein complainant does not fall under any
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hearing. Complainant (a) did not admit his guilt; (b) was terminated
termination; (c) did not initiate his termination; (d) was neither under
heard for him to be able to present his side and substantiate his
claims.
PRAYER
That:
P54,150.00
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FINALLY, the respondent respectfully pays for such and other
Complainant
V E R I F I C A T I O N & CERTIFICATION
and a resident of #69 Bayan Park Village, Aurora Hill, Baguio City,
after having been duly sworn in accordance with law hereby depose
and state:
Paper;
That all the allegations therein are true and correct of my own
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IN WITNESS WHEREOF, I have hereunto set my hand this 5th day
Affiant
Notary Public
Series of 2019.
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REV. PASCUAL AGUSTO CARLO PONCE TEODORO
Labor Arbiter
Benguet, Philippines
Copy Furnished:
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